Public-Private Partnerships(PPP) Legal Regulation Research

Since the decision of the third Plenary Session of the 18 th CPC Central Committee,‘‘Allow social capital to participate in urban infrastructure investment and operation through franchising”,PPP has been widely concerned by all sectors of society.Ministry of Finance and National Development and Reform Commission set up the PPP Working Group,across the country began to vigorously promote cooperation between government and social capital.Meanwhile,PPP related legislation to promote the work was immediately launched.At present,the legislative mode of cooperation between government and social capital under the leadership of the Ministry of Finance and the franchise mode(a type of PPP model)under the guidance of the National Development and Reform Commission are formed.However,the promotion of PPP model is not an easy,there are many problems in the current practice.In addition to the reasons for the immaturity of the relevant PPP theory,the current relevant legal system is not perfect is the main obstacle.Our country does not have a unified PPP legislation,the introduction of normative documents of the relevant departments are more complex and failed to form a system,there are even conflicts between some files.Relevant financial,taxation,land legal system needs to be adjusted in order to create a suitable PPP operating system environment.Especially local government in the default frequency of cooperation are relatively high,so social capital is difficult to effectively protect the interests of the parties.These problems led to the social capital is reluctant to participate in the field of PPP model.Therefore,it is particularly important to improve the legal system of PPP mode in China.This paper is divided into four parts to discuss.The first part is an overview of the PPP mode.Firstly introducing the definition of PPP model,as well as China's current scholars and government analysis on the concept and definition of the PPP model;secondly throughcomparison with franchising,BOT,to make clear the relationship between the three;finally,the legal basis of the PPP model are analyzed.The second part introduces the current situation of the practice of PPP mode in China,and the present situation and problems of PPP legal system,mainly through the current law and case analysis,found in the legal regulation of PPP mode in our country lacks the national coordination mechanism and high-level legal issues and so on.The third part introduces the foreign PPP mode of legal regulation of experience,mainly in the United Kingdom,South Korea,through the analysis of the legal system,that China should learn from foreign set up a special organization to promote,and establish a perfect legal system to protect the interests of all parties involved in.The fourth part puts forward suggestions from five aspects,to perfect the legal system of PPP in China,including the establishment of the principle of legislation,making PPP special laws or administrative regulations,the legal nature of the dispute and clear PPP protocol solution,the establishment of a special organization and coordination agencies and the establishment of monitoring,evaluation and feedback mechanism.